2013 PLD 119 LAHORE-HIGH-COURT-LAHORE

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Mst. RUKHSANA BHATTI VS K & N'S FOODS (PVT) LTD. 1982 CLC 1735, 1984 CLC 3434, 1991 SCMR 1185, 1993 SCMR 200, 2006 PTD 178, PLD 1976 Kar. 832, PLD 1981 Lah. 609, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Transfer of Property Act 1882--107 , S. 17---Transfer of Property Act (IV of 1882), S. 107---Registration Act (XVI of 1908), Ss.17(d) & 49---Ejectment of tenant---Bona fide personal need of landlord---Un-registered lease agreement---Ejectment application filed by landlord on the plea of bona fide personal need was dismissed by Rent Controller on the ground that it was premature as lease agreement between the parties subsisted---Validity---Unregistered lease agreement for the purpose of tenure would only be binding up to initial period of 11 months, whereafter relationship between parties was regulated by terms of Cantonments Rent Restriction Act, 1963---Tenant was a statutory tenant and tenancy was to continue on month to month basis---As specified period in lease agreement did not extend beyond initial eleven months, there was no impediment in the way of landlord from seeking eviction of tenant on the basis of bona fide personal need---High Court repelled contention of tenant that there was valid and binding agreement between parties, which was to inure till 31-5-2016---High Court set aside order passed by Rent Controller and remanded the matter for decision afresh on issue pertaining to personal bona fide need of landlord vis-à-vis demised premises---Appeal was allowed accordingly.